RFE and CONFUSED!

[britty9 0]

Thanks, please do let me know how your situation turns out!

I'm going to reprint the form (corrected) and then send in everything again, I will get an updated list of direct deposits, letter from my employer (I will even try to make that look more business professional)and I think I am going to request from the IRS a form stating that I didn't file in 2010 or 2009 just as back up to prove to the uscis that I didn't. I don't want to leave any room for them to not be satisfied this time.

[Villanelle 4,122]

If I were you I would not attempt to call again, its a waste of time. What I would do is send back the RFE and include-

-A letter explaining the previous 864 was filled out incorrectly

- the corrected 864

- all the evidence included in the original packet (letter from employer, highlighted bank statement, taxes etc)

And again, if at all possible to get a co-sponsor, now is the time to submit it.

They usually will approve it based on the current years income, but its at their discretion. Youve been working there since May. Your application would be significantly strengthened if your job contract is in excess of 1 year. (If it is highlight that) Also whats written in the letter from your employer can significantly help- if they wrote things like 'we look forward to a long future with her', that shows job security. You can also write your own letter describing your job and attach it to your employers, detailing the childrens ages (which is important to how long a nannys services are required)

[britty9 0]

That's what I will do, thanks Capri!

I don't have a anyone that can co-sponsor that's why I specifically found a job and negotiated with this family to make sure I do above the required amount. It had better be fine, they have a limit for a reason and it doesn't say this is the amount and you have to make at least 1,000 above it. I understand what you're saying, but that would be ridiculous with me meeting their requirement.

I just finished my pharmacy classes and will be taking my certification exam in a couple weeks and will be getting a much higher paying job in the near future. Should I include that information in the letter? And I've been working with this family since march 12. Before I started with them I had another nanny job so I've had continuous employment (exceeding 125%).

Thanks for your advice.

Edited December 18, 2012 by britty9

[Villanelle 4,122]

^ Well the pharmacy certification could be considered as "future employment prospective". As its been said before its really based upon the discretion of whos reviewing your application. Theyll look at things like your age, your previous earnings and anything else you submit- so its up to you to make your case and make it seem logical. If you were a student living at home in 2009, 2010, then it make sense you had little to no income (you were the appropriate age and doing whats to be expected) If you can show now you currently meet the requirements and you also have an upcoming certification and with that certification you will be able to obtain jobs in a solid field with pay that is above the guidelines, yeah if I was the person doing the review I would definitely take that into account. It could show you put your education to use. (even if the 2 years education prior wasnt specifically for that- it can be interpreted that way) Just be careful not to lie. If the education wasnt for that, dont say it was. Its okay if they make the wrong assumption because early in the letter you talk about being a student and then later on you talk about completing you education and receiving a certification- but you can not say I studied for 2 years to get this certificate unless its true.

You want to show you didnt just obtain this job quickly to meet the guidelines kind of like you stated above and then once you get approved the job is going to vanish and youre both going to be left broke. You need to show youre capable of maintaining this level of earnings for the next decade while youre responsible for your husband. Thats why they look back 3 years, because they figure the past is a good indication of the future. Its harder for younger people just starting out though, because they dont have a history.

[Britt♥Marco 9]

I'm really curious how this turned out for you! My husband and I also came across the same problem: household of 2 (i filled out the forms correctly) but I didn't make enough in money (or so the RFE said)... I was a student, just graduated last December. I had a part-time job where I was making around $14k/yr for the past 4 years while in school. I had letters stating that I'd make ~ $28,800 this year & was under a contract, gave bank information, months worth of check stubs, all sorts of evidence! I got so frustrated and called the hotline and was told "Well, you either need a cosponsor, or a lawyer." I ended up begging my dad to cosponsor my husband so we could just get this all over with! I got lucky that he made enough money & was willing to help!

I hope everything works out! Good luck!